MINUTES 
                                           
                       SENATE COMMITTEE ON NATURAL RESOURCES 
                               Tuesday, May 17, 2005 
                           1:30 p.m. or upon adjournment 
                           Capitol Extension, Room E1.012 
                                           
                                       ***** 
                                           
         Pursuant to a notice posted in accordance with Senate Rule  
         11.18, a public hearing of the Senate Committee on Natural  
         Resources was held on Tuesday, May 17, 2005, in the Capitol  
         Extension, Room E1.012, at Austin, Texas. 
          
                                       ***** 
                                           
         MEMBERS PRESENT:                        MEMBERS ABSENT: 
         Senator Kenneth Armbrister              Senator Robert Duncan 
         Senator Mike Jackson                    Senator Troy Fraser 
         Senator Gonzalo Barrientos              Senator Todd Staples 
         Senator Juan Hinojosa                                   
         Senator Jon Lindsay 
         Senator Kel Seliger 
         Senator Frank Madla 
         Senator Craig Estes 
                                           
                                       ***** 
                                           
         The chair called the meeting to order at 2:48 p.m.  There being  
         a quorum present, the following business was transacted:   
          
         At 2:48 p.m. Senator Jackson assumed the chair.  
          
         The chair laid out HB 1208 and recognized Senator Estes, in the  
         absence of the Senate sponsor, to explain the bill.  There were  
         no witnesses registered.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Estes moved that HB 1208 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon the arrival  
         of a quorum, Senator Estes sent up a committee substitute; the  
         chair recognized Senator Estes to explain the difference between  
         the committee substitute and the bill as filed.  Senator Estes  
         moved adoption of the committee substitute; without objection,  
         it was so ordered. Senator Estes moved that HB 1208 do not pass  
         but that CSHB 1208 be reported back to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 4 absent.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on CSHB 1208;  without objection it was so ordered. 
          
         The chair laid out HB 3144 and recognized the Senate sponsor,  
  
         Senator Eltife, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Seliger moved that HB  
         3144 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Seliger moved  
         that HB 3144 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 4 absent.  Senator Seliger moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 3144;  without objection it was so ordered. 
          
         The chair laid out SB 1523 and recognized Senator Barrientos, in  
         the absence of the author, to explain the bill.  Witnesses  
         testifying and registering on the bill are shown on the attached  
         list.  The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Barrientos moved  
         that SB 1523 be left pending; without objection, it was so  
         ordered.   
          
         The chair laid out SB 1629 and recognized the author, Senator  
         Wentworth, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Estes moved that SB 1629  
         be left pending; without objection, it was so ordered.   
          
         Senator Armbrister assumed the chair.   
          
         The chair laid out HB 1644 and recognized the Senate sponsor,  
         Senator Lindsay, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Lindsay moved that HB  
         1644 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Lindsay moved  
         that HB 1644 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 4 absent.  Senator Lindsay moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 1644;  without objection it was so ordered. 
          
         Senator Estes assumed the chair.   
          
         The chair laid out HB 473 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Witnesses testifying  
         and registering on the bill are shown on the attached list.  The  
  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Armbrister moved that HB  
         473 be left pending to await a quorum; without objection, it was  
         so ordered.  Upon arrival of a quorum, Senator Estes moved that  
         HB 473 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 4 absent.  Senator Estes moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 473;  without objection it was so ordered. 
          
         The chair laid out HB 474 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Witnesses testifying  
         and registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Armbrister moved that HB  
         474 be left pending to await a quorum; without objection, it was  
         so ordered.  Upon arrival of a quorum, Senator Hinojosa moved  
         that HB 474 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 4 absent.  Senator Hinojosa moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 474;  without objection it was so ordered. 
          
         The chair laid out HB 1161 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Witnesses testifying  
         and registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Armbrister moved that HB  
         1161 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Seliger moved  
         that HB 1161 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 4 absent.  Senator Seliger moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 1161;  without objection it was so ordered. 
          
         The chair laid out HB 1162 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Witnesses testifying  
         and registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Armbrister moved that HB  
         1162 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Barrientos  
  
         moved that HB 1162 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 4 absent.  Senator Barrientos moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 1162;  without objection it was so ordered. 
          
         The chair laid out HB 2440 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Witnesses testifying  
         and registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Armbrister moved that HB  
         2440 be left pending; without objection, it was so ordered.   
          
         Senator Armbrister resumed the chair.   
          
         The chair laid out HB 1609 and recognized the Senate sponsor,  
         Senator Seliger, to explain the bill.  Witnesses testifying and  
         registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Seliger moved that HB  
         1609 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Seliger moved  
         that HB 1609 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 0 nay, 0 present not  
         voting, and 4 absent.  Senator Seliger moved that the bill be  
         recommended for placement on the Local & Uncontested Calendar;  
         without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye   
         on HB 1609;  without objection it was so ordered. 
          
         The chair laid out HB 1996 and recognized Senator Seliger, in  
         the absence of the Senate sponsor, to explain the bill.  There  
         were no witnesses registered. The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Seliger moved that HB 1996 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Lindsay moved that HB 1996 be reported favorably  
         to the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 7 ayes, 0  
         nay, 0 present not voting, and 4 absent.  Senator Lindsay moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 1996;  without objection it was so ordered. 
          
         The chair laid out HB 1763 and recognized Senator Seliger, in  
         the absence of the Senate sponsor, to explain the bill.   
         Witnesses testifying and registering on the bill are shown on  
  
         the attached list.  The chair moved that the public testimony be  
         closed; without objection, it was so ordered.  Senator Seliger  
         moved that HB 1763 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Estes moved that HB 1763 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 4 absent.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 1763;  without objection it was so ordered. 
          
         The chair laid out HB 1981 and recognized Senator Estes, in the  
         absence of the Senate sponsor, to explain the bill.  There were  
         no witnesses registered.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Estes moved that HB 1981 be left pending to await a  
         quorum; without objection, it was so ordered.  Upon arrival of a  
         quorum, Senator Estes moved that HB 1981 be reported favorably  
         to the Senate with the recommendation that it do pass and be  
         printed.  The motion carried with a record vote of 7 ayes, 0  
         nay, 0 present not voting, and 4 absent.  Senator Estes moved  
         that the bill be recommended for placement on the Local &  
         Uncontested Calendar; without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 1981;  without objection it was so ordered. 
          
         The chair laid out HB 2037 and recognized the Senate sponsor,  
         Senator Seliger, to explain the bill.  There were no witnesses  
         registered. The chair moved that the public testimony be closed;  
         without objection, it was so ordered.  Senator Seliger moved  
         that HB 2037 be left pending to await a quorum; without  
         objection, it was so ordered.  Upon arrival of a quorum, Senator  
         Seliger moved that HB 2037 be reported favorably to the Senate  
         with the recommendation that it do pass and be printed.  The  
         motion carried with a record vote of 7 ayes, 0 nay, 0 present  
         not voting, and 4 absent.  Senator Seliger moved that the bill  
         be recommended for placement on the Local & Uncontested  
         Calendar; without objection, it was so ordered.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 2037;  without objection it was so ordered. 
          
         Senator Estes assumed the chair.   
          
         The chair laid out HB 1358 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Witnesses testifying  
         and registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Armbrister moved that HB  
         1358 be left pending to await a quorum; without objection, it  
         was so ordered.  Upon arrival of a quorum, Senator Hinojosa  
         moved that HB 1358 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
  
         carried with a record vote of 8 ayes, 0 nay, 0 present not  
         voting, and 3 absent. 
          
          Senator Madla requested unanimous consent to be shown voting  
         aye on HB 1358;  without objection it was so ordered. 
          
         The chair laid out HB 2876 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Witnesses testifying  
         and registering on the bill are shown on the attached list.  The  
         chair moved that the public testimony be closed; without  
         objection, it was so ordered.  Senator Armbrister moved that HB  
         2876 be left pending; without objection, it was so ordered.   
          
         Senator Jackson assumed the chair.   
          
         The chair laid out HB 2622 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Senator Jackson moved  
         that that public testimony be re-opened; without objection, it  
         was so ordered. Witnesses testifying and registering on the bill  
         are shown on the attached list.  The chair moved that the public  
         testimony be closed; without objection, it was so ordered.   
         Senator Armbrister moved that HB 2622 be left pending; without  
         objection, it was so ordered.   
          
         The chair laid out HB 1611 and recognized the Senate sponsor,  
         Senator Armbrister, to explain the bill.  Senator Barrientos  
         moved that HB 1611 be reported favorably to the Senate with the  
         recommendation that it do pass and be printed.  The motion  
         carried with a record vote of 7 ayes, 1 nay, 0 present not  
         voting, and 3 absent.   
          
         Senator Madla requested unanimous consent to be shown voting aye  
         on HB 1611;  without objection it was so ordered. 
          
         There was no action taken for the following bill(s):  
          
         HB 2370 
         HB 2161 
          
         There being no further business, at 6:17 p.m. Senator Estes  
         moved that the Committee stand recessed subject to the call of  
         the chair.  Without objection, it was so ordered.   
          
         _____________________________ 
         Senator Kenneth Armbrister, Chair 
          
         _____________________________ 
         Kelly Gilbert, Clerk